The Department of Health and Human Services has determined “it has sufficient authority and cause to investigate”

The News: The Wisconsin Institute for Law & Liberty (WILL) has been notified that the Office for Civil Rights in the Department of Health and Human Services (HHS-OCR) will initiate a federal investigation into Cleveland Clinic concerning racially discriminatory patient care after reviewing WILL’s complaint on behalf of its client, Do No Harm (DNH).

The Quotes: WILL Associate Counsel, Cara Tolliver, stated, “HHS-OCR’s decision to open an investigation into Cleveland Clinic is a step forward to stamping out the use of unlawful racial stereotypes in healthcare in favor of a legitimate, individualized approach to medicine. While our current political climate is forcing archaic racial stereotypes in every aspect of decision-making, we will continue to fight for equal treatment in healthcare, where race-neutral decisions based on individual need are critical.”

“Do No Harm will not rest until we eliminate all racial bias and political ideology from doctors’ offices, medical schools, hospitals, and in the government agencies that regulate them,” said Dr. Jared Ross, Senior Fellow at Do No Harm. “The federal investigation by HHS-OCR into the Cleveland Clinic—initiated by our complaint—is a small, incremental step. Do No Harm continues to wait for confirmation that patients of all races and ethnicities are now welcome for treatment at the two Cleveland Clinic programs highlighted in our complaint.”

Additional Background: On August 14, 2024, WILL and DNH filed a civil rights complaint challenging two discriminatory patient programs at the Ohio-based Cleveland Clinic: the “Minority Stroke Program” and the “Minority Men’s Health Center.” Both programs aim to address stroke, diabetes, men’s health conditions, mental health issues, and other medical conditions—touting a range of benefits from disease prevention and treatment to specialized providers, transportation assistance, prescription assistance, support groups, and education events.

But because these special programs discriminate against patients based on race and are racially motivated to provide services to some in a different manner from those provided to others, Cleveland Clinic’s programs violate the anti-discrimination provisions of Title VI and the Affordable Care Act (“ACA”).

On September 9, 2024, in a letter to WILL, HHS-OCR stated: “OCR has reviewed the complaint and has determined that it has sufficient authority and cause to investigate the allegations under its authorities. Therefore, we have initiated an investigation’ into the allegations that Cleveland Clinic treats individuals differently based on race or ethnicity ‘in the tailoring and provision of services.’ When we reach a determination regarding your complaint, we will advise you of our findings.”

If HHS-OCR determines that Cleveland Clinic’s patient care programs are racially discriminatory in violation of Title VI or the ACA, it may require Cleveland Clinic to implement a plan of action to correct its violations.

In such case, if the agency is unable to secure Cleveland Clinic’s voluntary compliance with anti-discrimination law, HHS-OCR may secure compliance through the suspension or termination of federal financial assistance—funding that often makes up a sizeable share of a health system’s overall budget.  Alternatively, to obtain compliance, HHS-OCR may also refer the matter to the Department of Justice with a recommendation to initiate enforcement proceedings—an option that may similarly result in the termination of federal financial assistance.

About WILL: WILL opposes discriminatory programs and policies that would prioritize characteristics such as race in decision-making over need, fairness, equality, and quality outcomes.

Since 2021, WILL has represented over 60 clients in 23 states as part of its Equality Under the Law (“EUL”) Project and has won six times in court with many cases still pending. WILL has also repeatedly put an end to several racially discriminatory programs implemented under the Biden-Harris Administration and was recently awarded over $350,000 by a federal court after it successfully sued the Administration for race discrimination. Find out more at will-law.org/equality.

Read More: 

• HHS-OCR Notice of Investigation, 9.10.24
• HHS-OCR Initial Complaint, 8.14.24